Monday, June 13, 2011

I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?

I think you need to have a masters plus a 4-5 years of experience to be eligible to apply under Eb-2. Also, you would have to redo the entire process of applying in EB2. Dont think anyone can really guess if EB 3 will be current by July.

frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.

Is it safe? Absolutely not. If your AP is denied, then there is no way of coming back. You would have travelled without a travel document to return with, and there is no way of applying for one from outside the country. In effect, you would have abandoned your application. In our case, we were pretty sure that we would be issued the travel doc, and we also had a backup plan, where we could still get a visa to return. The travel doc was mainly used to remove the uncertainity of a visa issuance. If you have no option for getting a visa, then I would not travel without the travel doc.

el proceso de embarazo.

ahiyer

09-08 10:47 AM

I am a little skeptical about how this would work.

Wont they charge you for International dialing when calling from here?

Refer to the below url for more details. http://www.irs.gov/individuals/article/0,,id=96287,00.html#apply

Couple of years back, it was simple.. You just walk to the local IRS office and fill in a W-7 with proper ID, you are done. This has changed now. You can apply for a ITIN (W7) for H4, only when you file your tax returns. You complete the Form W-7 and file it along with your tax return, The W7 is processed first and then the taxes.

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camphor

09-11 10:01 AM

My 485 application was filed on July 1st, 2007. Yesterday I received an email from my lawyer indicating that they have received the receipts for 485, 765 & 131 for all the applicants in my family.

I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.

1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment? 2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it? 3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:

a) When did you receive the AOS receipts? b) When did you hear about the fingerprinting and how? c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.

Ideas are dozen a dime irrespective of whether they are good/bad. As you observed that this is a good idea and IV has already approached websites like rediff/sulekha, only to be asked for enoromous amounts of money for featuring IV on their website. So we need $$$ via contributions or the situation should get so worse that media will write for free.

There are people who come out, say something, throw out an idea and vanish. By challenging their posts and providing them with the right information, we can streamline the zeal and enthusiasm to do something (if they have any). Its not meant to dampen the OP's spirit to work on anything. I feel that the repsonse to OP was lacking information about what IV has done already in this regard. asking for contribution might have made you feel that the response was blunt/heckling. He explained why we need money, like lobbying. IMHO, To get on to the hill and get an amendment the most important thing is $$$. Period.

2010 el proceso de embarazo.

el proceso de embarazo

Munna Bhai

01-10 02:46 PM

I filed my I-140 and I-485 concurrently on July 6th, 2007 Not sure how long it will take to get I-140 and _-485 approved. My lawyer says I should hang in there and try to be patient.

My I-140 and I-485 were transferred from Nebraska to California and back to Nebraska in September 2007. September 2007 is the last time that they were transferred, as far as I know.

When I called the USCIS number, the automatic voice operated system said that if my case is still unapproved afer 180 days from the date of the last transfer, then I should call to speak to a customer representative.

So I guess I will have to wait to March 2008 before I can get to speak to anyone about my I-140, if it has not been approved by then.

Published dates are only a general ballpark information to indicate where are for the remaining cases. Havn't they already granted visas to those filed in August/Sept '07?

This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.

They should better post where they are based on PDs, and work based on that too.

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el proceso del embarazo?

optimystic

04-06 11:41 PM

there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.

I can't say how much weight this statment holds...

I mean, there are ongoing discussions in other posts about some employers reluctant to accept EAD holders (willing to use AC21) since they may have to do some amount of 'sponsorship' for such people and suggestions that these people claim that they don't need any 'sponsorship' theoretically from the employers ...they can file EAD extensions themselves.....

In light of that it seems as if once you invoke AC21 you can choose to support your I-485 status & EAD, attorneys etc completely yourself, and thus the concept of 'sposoring employer' totally vanishes.

Its possible that USCIS can still hold you to the (diluted)intent of "continuing to work in the same job role as originally claimed in I-140/I-485" for a general period of time after getting GC, but not necessarily stick with the same current employer. The AC21 invokers already cut themselves off from the original sponsor....doesn't make much sense to force them to stick to current employer, who may or may not have sponsored anything at all towards the employee's GC.

So AC21 invokers get a degree of freedom ( --can't tell what level of freedom though, with the impending restrictions possibly in future in AC21 -- ) regarding showing the *original intent* after getting GC.

And since people stuck with same original sponsoring employer and get GC while still with them, can not invoke AC21 after getting GC to port their "original intent", it seems they would continue to be stuck with the same employer for 6-12 more months (unless fired/laid off of course, in which case one becomes a free bird :) )

[Not sure if I put my line of thiking properly in the above paragraphs...if you get confused, please ignore the post :) . It would definitely have been worse, if I tried to speak , rather that write this :D )

According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate.

I will not argue with what your lawyer tells you.

However, because Form I-131 is used for multiple purposes, some of the instructions are applicable to one condition and not to the other. So read the instruction again and you will see that some of the references to sending the document to overseas consulate refers to when it's used as a Reentry Permit, Refuge Travel Document, or as Advanced Parole for humanitarian reasons. For someone who applied for AOS, sorry no such luck.

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proceso del embarazo y el

krish.d.rao

11-06 10:11 AM

Any one knows which Airline is good (Cost & Service) from Newark to Bangalore? I have flown AI with stop over in Bom, but would prefer something direct to Bangalore.

Thanks

Air France has a Newark - Paris - Bangalore flight but their price/ service combination is not great. I flew Jet recently and the experience was the best in my 10 years of coach class flying. They do have a stop over in BOM which is not as good as flying direct to BLR but it is not bad either.

Kennedy's immigration council/staffers were there until late last night and currently none of them are in. It seems they would be in only by around 9-9:15

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maddipati1

01-08 07:54 PM

i went for stamping in india in Feb'09. Mine wasn't in PIMS. They said that my visa is issued but will get the PP with stamp after PIMS clearance and it might take upto 2 weeks. but luckily i got it in 3 days.

those whose I-797 was approved around the same time when PIMS was introduced ( i think Oct'07 ), should be careful about this.

i read somewhere that, they messed up initial data transfer during PIMS launch. so the I-797s that got approved around the same time are more likely to be missed. mine was approved exactly in the same month PIMS was implemented and surely it wasn't in PIMS.

funny story now ( but painful then ).. i was aware and prepared for this when i went for stamping. i was at the window of initial screening officer. he took my dox and verified in their system and started writing 'not in PIMS' on top of my app. i was looking at it and i said 'aah! is it not in PIMS?'. he was surprised ( that i knew about PIMS etc) and gave me a look. now, i told to myself 'dude! shut up' :D

minumum precaution u should take is, take the visa appointment on the first couple of days of ur visit, to have buffer for PIMS.

but, i read, there is another type of delay that's the nemsis of pink 221(g) or something like that. this is for people who work in sensitive industries like defense, biotech, chemical etc. that surely take a long time, coz they need clearance from washington.

That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.

If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.

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fromnaija

07-20 11:24 AM

File for her as CP. Whenever she is ready to move here have her get an H4 visa and then change CP to AOS when she gets here.

Caveat: I am not an attorney so ask your lawyer if this is a feasible option.

After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.

If you have no intention of answering the questions, then no one is forcing you to do.:p

Making a mockery of a person's anxiety does not really show well on your personality.:cool:

It is his right to take info pass appointments to know more about his case. If it helps him sleep at nights, then that is a good remedy.

Ideally, the fix for this is legislative action that is being driven by IV leadership.

Prashanthi

02-11 04:14 PM

Note: A receipt for an application for an initial or renewal USCIS Employment Authorization Document (EAD) filed on a Form I-765, Application for Employment Authorization, is not acceptable for Form I-9 verification purposes.

Also for immigration purposes you cannot start working until you have the approval in-hand.

GeetaRam

06-14 03:47 PM

very useful link... even I didn't get why they mentioned foreign consular processing... what exactly that mean ? I also have question I am working with my employer from 2005 to till date. My green card was filed in EB3 cateogory with in 2007 and priority date is March 2005. Before I started working for my currently I have worked for more than 5+ years in India with real experience from companies like IBM, Knabay. My employer is ready to file my GC in EB2 category considering those experience as my current experience with him doesn't get considered if for EB2 Bachlors + 5 + years. I have BE in Computer Science + total 10 years of experience. As I hear mixed review for the same that porting between EB3 to EB2 with same employer... I am considering option to change employer but my question is. I have my I-140 approved thru current employer but my I-485 application hasn't been filed. What if my current employer revoke my I-140 can I still use the same priority date.... Please advice/help.